Grace Chebet Sisimwo & 4 others v Everlyne Cherukkut Sisimwo & Another [2015] KECA 92 (KLR)
- Court
- Court of Appeal
- Case number
- 92
- Citation
- [2015] KECA 92 (KLR)
The applicants are granted leave to file and serve the notice of appeal out of time. They are directed to file and serve the memorandum of appeal and the record of appeal within 30 days from the date of this ruling.
Facts
The applicants intend to appeal against the judgment of the High Court distributing the estate of Stephen Baron Sisimwo, deceased. The applicants filed a notice of appeal on 7th April 2014 but did not serve it on the respondents. They applied for typed proceedings from the lower court but did not receive them until March 2015.
Issues
- Whether to grant leave to file and serve the notice of appeal out of time
- Whether the applicants have an arguable appeal
Reasoning
The applicants promptly filed a notice of appeal and applied for typed proceedings, but did not serve the notice on the respondents. The court considered the factors relevant to exercising the discretionary power under Rule 4 of the Court of Appeal Rules, 2010 and found that the applicants have made out a case for exercising the discretion in their favour.
Outcome
The applicants are granted leave to file and serve the notice of appeal out of time.
Orders
- The applicants are directed to file and serve the memorandum of appeal and the record of appeal within 30 days from the date of this ruling.
- The applicants are directed to serve the notice of appeal on the respondents within 7 days from the date of this ruling.
Remedies
- Costs of the application shall abide the outcome of the appeal.
Authorities cited
Legislation (1)
- Court of Appeal Rules, 2010
Cases cited (1)
- Fakir Mohamed v Joseph Mugambi & 2 others [2005] eKLR Waki JA
Loading judgment…